The Ministry of Justice and Public Security reported that, as of Monday (26), passengers in transit who arrive in Brazil without a visa and whose final destination is another country, will have to continue their journey or return to their place of origin.
“Those passengers who, by chance, remain in the international transit area of Guarulhos Airport, in São Paulo, or in other airports with international connections, if they do not have an entry visa for Brazilian territory, will be inadmissible”, says a note from the ministry sent to Brazil Agency.
According to the ministry, the legislation provides for the exemption of visa requirements for connecting flights or layovers, as long as the passenger remains in the international transit area. “The objective of Brazilian legislation was to facilitate the procedure for layovers or connections at airports, reducing bureaucratic procedures and making the process of transferring and/or stopping passengers between international routes more operational in a faster manner,” the statement states.
The ministry clarifies that passengers who are not admitted will not be deported, since Brazil is an intermediary country and not the final destination. “In this context, as the passenger indicates, from the moment of purchasing the airline ticket, the intention only to transit through Brazilian territory, the measure of deportation does not apply, but rather the effective transit to the country of the passenger’s final destination.”
The measure will not apply to passengers coming from countries that are exempt from presenting a visa to enter Brazil. It will only apply to those arriving in Brazil from countries where the document is required and do not have Brazil as their final destination.
Increase in immigrants
The measure was taken after the Federal Police identified immigrants without adequate documentation are being used by criminal human trafficking organizations.
Investigations have shown that travelers purchase tickets to countries in South America. When they arrive in Brazil for a stopover, they apply for asylum, decide not to continue on to their final destination or return to their countries of origin, and remain illegally in restricted areas of airports. Most come from Asian countries and want to reach the United States and Canada.
“The Federal Police identified that travelers in this situation are advised by criminal organizations to apply for refuge to enter Brazilian territory, as an undue replacement for the need for an entry visa to Brazil,” said the Ministry of Justice.
According to the government, figures show “the abusive use of the refugee institution with the sole purpose of following irregular migration routes. In other words, an irregular migration route has been consolidated in Brazil, with strong involvement by actors involved in migrant smuggling and human trafficking; with evident fraudulent use of the refugee institution.”
In a decade, from 2013 to 2023, the number of asylum applications at Guarulhos International Airport increased 61 times, going from 69 to 4,239. From January to August 21 of this year, 6,329 applications were filed, and most of them did not seek immigration registration (a document requested by those seeking asylum) – there were only 117 people interested in registering from 2023 to June 2024. As for the CPF, 262 immigrants sought it.
Immigrants in Guarulhos
The Federal Public Prosecutor’s Office (MPF), the Public Defender’s Office (DPU) and the concessionaire responsible for Guarulhos Airport are advocating that airlines provide support to immigrants without visas who are stranded at the terminal. The agencies met this Wednesday (21) to discuss the situation of approximately 480 foreigners in this situation, while they await the release of their asylum requests.
Airlines must offer hygiene and food conditionsaccording to the DPU. Meanwhile, the GRU Airport concessionaire has committed to finding alternatives to increase the supply of bathrooms for immigrants. Some of the foreigners are staying in remote areas of the terminal, where the availability of bathrooms is limited.
“The meeting was very fruitful. Dialogue between the different stakeholders is essential to ensure that immigrants have access to basic humanitarian assistance. At the same time, it is important to ensure that these asylum applications are processed quickly, so that the increasing number of foreigners arriving does not impact the operation of the airport itself,” said Federal Prosecutor Guilherme Rocha Göpfert, who chaired today’s meeting.
The flow of immigrants arriving on flights to other destinations and staying in Guarulhos, where they apply for refugee status, has increased considerably in recent weeks, according to public defender João Chaves.
The recommendation of the Public Defender’s Office and the MPF is that the Ministry of Justice and the Federal Police guarantee the right of access to Brazilian territory in a quick and simplified manner, so as not to violate the right to refuge, guaranteed in Brazilian and international legislation.
“The migrant is a victim of this process and can never be penalized or blamed, and it is essential that any action by the Ministry of Justice be based on an approach that respects Human Rights, guaranteeing the right to refuge for these people,” argues Chaves.
The Ministry of Justice reported that it has set up a task force with the Federal Police. Thus, until Monday (26), “passengers who are in transit, in the restricted zone [de Guarulhos]and who may come to request refuge, will have their requests processed. As of this Wednesday (21), there were 481 people in the restricted international transit area of Guarulhos Airport”.
